SC's February 1st order was an attempted coup: Shamsul Falah

The Supreme Court's verdict on 1st February 2018 to release political detainees was the darkest day in Maldives's constitutional lifetime, said Dr Shamsul Falah last night, claiming that the order was an attempted coup by the judiciary.

Falah, who holds a PhD in constitutional law, made this remark speaking as the keynote speaker of the forum held last night by Maldives Bar Council, Maldives National University and Villa College to commemorate 16 years of Maldives' constitution.

In his speech, he went on to say that the day which Supreme Court ordered the simultaneous release of all political detainees who were jailed during the last year of Former President Abdulla Yameen's administration, suspension of the Judicial Service Commission (JSC)'s powers and the holding Parliamentary sittings was the darkest day in Maldives' constitutional history.

"Saying that it was the unluckiest, darkest day of the Maldivian constitution would not be wrong," Shamsul Falah said.

He reasoned that the Supreme Court order violated several constitutional principles by withholding the powers of the state and other institutions, and called it an attempted coup perpetrated by the judiciary.

"In a publication I said that the 1st February order was a failed judicial coup. That is because of the reasons I just mentioned," Falah, who received his PhD from the New Zealand said.

He went on to highlight that while claiming that the Supreme Court is the guardian of the constitution, it infringed upon other powers of the state to get things done. Falah also made reference to a 2017 order by the Supreme Court in which a Civil Court judge was removed from office and several lawyers were placed on suspension, as well as the Court's decision to implement measures on parliament members without the presence of a supporting law.

"It was frequently seen that expert injunctions were abused," he said.

He further expressed concern over the Supreme Court's decision to exercise Suo Moto (on its own motion) to take action against members of the Elections Commission and the Human Rights Commission of Maldives, claiming the way it was done is questionable.

However, he also agreed that the government violated the Constitution as well, pointing out the presidential decree infringing on freedom of expression, making positions redundant while individuals were still employed, and the decision to attest former Criminal Court's Chief Justice Abdulla Mohamed in 2012 as well as locking up the Supreme Court in 2010.

Despite all this, he said that while the constitution has been amended multiple times over the years, things not working out the way the public wants it to, is not a constitutional issue.